Condominium Associations

Blog Sponsored by Taylor & Carls, P.A. There are very detailed statutory requirements, and administrative rules, relating to the year-end financial reports which are required to be prepared by Florida condominium associations. The statutory requirements are found in Section 718.111(13) of the Florida Statutes. This article will briefly summarize some of the requirements, options and procedures involved. Please consult your association attorney if you have more questions regarding this important issue.

What Can You Do With an Abandoned Condominium Unit Blog sponsored by Becker & Poliakoff One issue that has plagued condominium associations, especially during the Great Recession, is abandoned condominium units. An abandoned unit can create a multitude of problems for an association, including unpaid assessments, mold growth, and undetected water leaks. The cost of remediating a damaged unit can be significant. A recent amendment to Florida's Condominium Act aims to address the problem of abandoned units.

Blog Sponsored by Taylor & Carls, P.A. As most residents living in Florida condominium associations know, Directors are typically elected to the Board by the Members of the Association. [1] The election process, which is governed in part by Section 718.112(2)(d), Florida Statutes , includes many requirements and deadlines that must be followed in order for the election of new Directors to be valid. One of the requirements of this statutory election process falls upon the Members who wish to be candidates in the upcoming election. The statute provides that any Unit Owner or other eligible person who wants to be a candidate for the Board of Directors must give written notice of their intent to be a candidate to the Condominium Association at least forty (40)

Blog Sponsored by Taylor & Carls, P.A. All Florida Homeowners Association's should be aware of a new law that became effective July 1, 2013, which created a new mandatory certification requirement for newly elected members of a Homeowners Association's board of directors. Section 720.3033(1), Florida Statutes, provides two alternative certification procedures for complying with the new requirements, a written certification and an educational certificate. The new mandatory certification requirement does not apply to existing board members, but does appear to apply if an existing board member is reelected.

Blog Sponsored by Taylor & Carls, P.A. With all of the recent warm weather we have been having, residents have been able to take advantage of the Florida sunshine and enjoy their community pools. But in order to make lounging poolside fun for everyone, the question arises whether an association may make the pool area smokefree by prohibiting smoking The starting place for answering this question is whether the association has the authority...

Blog Sponsored by Taylor & Carls, P.A. The authority to tow vehicles parked on property owned by an association is granted by Section 715.07(2), Florida Statutes (often referred to as the Towing Statute), which states in relevant part: “The owner or lessee of real property, or any person authorized by the owner or lessee … may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage [...]

CONDOMINIUM ASSOCIATIONS would have to use uniform accounting methods and give unit owners financial statements each year under a bill passed by the Senate. The bill (CS/SB 192) would give condominium associations the power to participate in eminent domain actions and require them to keep certain documents, including all those relating to elections, as part of their official records. Next: the House.

The definition of a HOMEOWNERS ASSOCIATION, as defined by “Investapedia” is, “An organization in a subdivision, planned community or condominium, which enforces rules for the properties in its jurisdiction. Also collects monthly or annual dues to pay for the upkeep of common areas like parks, tennis courts, elevators, pool, roads, etc. and can levy special assessments on members when the Association lacks sufficient reserves for unexpected repairs....

Blog Sponsored by Taylor & Carls, P.A. Community associations are established and regulated by a set of governing documents, which include a declaration, articles of incorporation, and bylaws. Issues, however, sometimes arise when there are conflicts or inconsistencies between the various governing documents. To resolve conflicts, there is an established hierarchy between the governing documents. Declarations: The declaration is the document that establishes a community association. It is often referred to as the "constitution" of the community association. The declaration is recorded in the public records, in the nature of covenants running with the land, and subjects the land comprising the community to the jurisdiction and control of a community association or associations in which the owners of the units or parcels, or their association representatives, must be members. If there is a conflict between the governing documents, then the terms of the declaration take precedence over, or "trump", any provision in any of the other governing documents.

Condominium associations formed before Oct. 1, 1984, could be caught in a bind because of a recent Florida Supreme Court ruling. Deciding a 1978 case, the court said that a Miami condominium association didn't have the authority to buy land outside of the condo's boundaries because a 1974 law limited the association's purchasing authority. The Florida Legislature gave condo associations that power as of Oct. 1, 1984, but there are 18,000 condos in the state that were built before the new law went into the effect.

Blog Sponsored by Taylor & Carls, P.A. Community associations are established and regulated by a set of governing documents, which include a declaration, articles of incorporation, and bylaws. Issues, however, sometimes arise when there are conflicts or inconsistencies between the various governing documents. To resolve conflicts, there is an established hierarchy between the governing documents. Declarations: The declaration is the document that establishes a community association. It is often referred to as the "constitution" of the community association. The declaration is recorded in the public records, in the nature of covenants running with the land, and subjects the land comprising the community to the jurisdiction and control of a community association or associations in which the owners of the units or parcels, or their association representatives, must be members. If there is a conflict between the governing documents, then the terms of the declaration take precedence over, or "trump", any provision in any of the other governing documents.

Blog Sponsored by Taylor & Carls, P.A. In addition to other enforcement options, community associations may impose fines against members and tenants, guests, or invitees if they are found to be in violation of the association's governing documents, and rules. [1] However, community associations must meet minimum due process requirements in order to use this enforcement tool. 1. Power to Impose As a starting point, both homeowner's associations, and condominiums, may impose fines against members and tenants, guests, or invitees if they are found to be in violation of the association's Declaration, the Articles of Incorporation, the By-Laws or any Rules adopted by the association.

Blog Sponsored by Taylor & Carls, P.A. The recent housing crisis has converted many condominium unit owners into landlords, biding their time by renting out their units that they might, in a better market, prefer to sell. This phenomenon has resulted in many condominiums seeing a greater percentage of tenants living in their condominium community than many owner-occupiers would like to see, raising the question of whether condominium associations...

Blog Sponsored by Taylor & Carls, P.A. As most residents living in Florida condominium associations know, Directors are typically elected to the Board by the Members of the Association. [1] The election process, which is governed in part by Section 718.112(2)(d), Florida Statutes , includes many requirements and deadlines that must be followed in order for the election of new Directors to be valid. One of the requirements of this statutory election process falls upon the Members who wish to be candidates in the upcoming election. The statute provides that any Unit Owner or other eligible person who wants to be a candidate for the Board of Directors must give written notice of their intent to be a candidate to the Condominium Association at least forty (40)

Blog Sponsored by Taylor & Carls, P.A. With all of the recent warm weather we have been having, residents have been able to take advantage of the Florida sunshine and enjoy their community pools. But in order to make lounging poolside fun for everyone, the question arises whether an association may make the pool area smokefree by prohibiting smoking The starting place for answering this question is whether the association has the authority...

Blog Sponsored by Taylor & Carls, P.A. Both the Federal and Florida Fair Housing Acts forbid a community association from discriminating against a proposed tenant or purchaser based on the following: a. Race; b. Color; c. Religion; ...

Joe Kilsheimer and Lynn Phillips of the Sentinel Staff, September 6, 1987

BACK TO SCHOOL. The Mid-Florida chapter of the Community Associations Institute is sponsoring its annual conference and exposition Sept. 19 at Orlando's Expo Centre, 500 W. Livingston St., in downtown Orlando. The CAI is a national organization dedicated to improving the relationships between developers and homeowners or condominium associations. The conference will feature 18 speakers on such topics as ''Legal Rights and Obligations,'' ''How to Handle Stress,'' ''Creative Financing in a Depressed Market,'' and ''Owners vs. Renters.